2004-O-24
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ORDINANCE NO. 2004-0-24
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; EXEMPTING ITSELF FROM THE PROVISIONS
OF SECTION 101.657, FLORIDA STATUTES SPECIFICALLY
RELATED TO EARL Y VOTING; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida
Statutes, said section relating to Early Voting.
WHEREAS, State Law allows the City of Edgewater to "opt out" of the provisions of
Section 101.657, the Early Voting requirements, by adopting an ordinance stating such intent.
WHEREAS, the City of Edgewater feels that it is in the best interests of its citizens to opt
out of the early voting provisions contained in Section 101.657, F.S.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water,
Florida:
PART A.
That the City of Edgewater hereby exercises its right to exempt itself from
the provisions of Section 101.657, F.S. and shall contract with the Volusia County Supervisor of
Elections to conduct early voting for the City of Edgewater at the office of the Supervisor of
Elections and any other early voting sites the Supervisor may establish.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
Shttck tlllottgh passages are deleted.
Underlined passages are added.
2004-0-24
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are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTE.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on July 19,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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Underlined passages are added.
2004-0-24
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After Motion byCouncilwoman Lichtergnd Second by Councilman Brown the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 2nd day of August, 2004.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner
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Underlined passages are added.
2004-0-24 3
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
4 e�
onald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of August, 2004 under Agenda Item No. 6 B .